Judge calls victim Dan Yablonsky's recovery 'remarkable'

Saying it was “remarkable” Dan Yablonsky, 25, of Larimer, was able to be present in court Wednesday considering the injuries he sustained, an Allegheny County judge sentenced Beau Fishinger, 31, of Lincoln Place, to one to two years in prison for crashing into Yablonsky on his bicycle in Lawrenceville last year.

Prosecutors said Fishinger struck Yablonsky head-on early in the morning on May 13 with his Jeep Wrangler. It happened near the intersection of Liberty Avenue and Ligonier Street. Yablonsky was riding his bike with two of his friends from Bloomfield to the Strip District.

"The decision he made, which nearly killed me, was an assault," Yablonsky said to Channel 4 Action News reporter Matt Belanger at the courthouse after the sentence was read.

Yablonsky was wearing a helmet, which he credits for saving his life. He held back tears as he read off a long-list of injuries he sustained in court just before Fishinger was sentenced, looking Fishinger in the eyes as he explained the crash's impact on his life and his family.

Yablonsky was in a coma for three weeks and it was months before he could walk again. He’s started riding his bike again and has returned to work at Bike Pittsburgh.

Fishinger pleaded guilty last week to aggravated assault by vehicle, accidents involving death or personal injury while not properly licensed and other charges.

“People in Pittsburgh need to realize their actions have consequences, whether it’s starting your car, rushing a yellow light or driving home after having a few drinks at a bar. Your actions have serious consequences for people on the street,” Yablonsky said.

In court, Yablonsky made it clear he didn’t agree with the sentence, which was determined as part of the plea agreement.

“Unfortunately there's no justice that I think is deliverable,” Yablonsky said from the stand in court.

After being released from prison, Fishinger will then serve seven years of probation and is also ordered to pay fines and restitution. He’s already serving up to five years for violating terms of his probation for unrelated charges and this latest sentence will add to his time behind bars.

forward"-- after those attacks. 3 only on four! a man 3 riding his bicycle-- hit head-on by a jeep-- and left in a coma for weeks. within the hour ... the man behind the wheel was sentenced for the crime. action news reporter matt belanger was the only reporter to speak with the victim after it was all over. 3 3 "The victim-- 25 year old Dan Yablonsky-- looked the man who hit him in the eyes to say the 1 to 2 year sentence he was receiving was not enough for the pain and suffering he caused."DGP 2228 @ 2:03-2:11 The decision he made which nearly killed me was an assault "DAN YABLONSKY HAS SPENT THE BETTER PART OF A YEAR RECOVERING AFTER BEING HIT BY THIS JEEP AT THIS LAWRENCEVILLE INTERSECTION IN MAY 2012. TODAY IN COURT THE MAN BEHIND THE WHEEL, 31 YEAR OLD BEAU FISHINGER OF LINCOLN PLACE, WAS SENTENCED AFTER PLEADING GUILTY TO ASSUALT AND OTHER CHARGES LAST WEEK.IN COURT, YABLONSKY STRUGGLED TO HOLD BACK TEARS AS HE READ OFF THE LONG LIST ON INJURIES HE SUSTAINED IN THE CRASH. HE TOLD THE COURT HE THOUGHT FISHINGER'S SENTENCE WAS TOO LENIENT.YABLONSKY MOVED TO PITTSBURGH TO WORK FOR "BIKE PITTSBURGH" AND SAYS HE'LL CONTINUE WORKING TO MAKE THE CITY'S STREETS SAFER FOR BIKERS AND PEDESTRIANS. 3 DGP 2228 @ 4:45-5:10 "People in Pittsburgh need to realize their actions have consequences where that's starting your car to rush a yellow light or go 3 home after having a few drinks at a bar your actions have serious consequences for people on the street.""After he's released from prison Fishinger will face 7 years probation. Downtown, I'm Matt Belanger, Channel Four Action." 3 3